HomeMy WebLinkAboutDon Hubbard Contracting Company; 2003-12-02; 3839DOC # 2004-03509b5
APR 22s 2004 8~30 RM Recording requested by: )
I" CITY OF CARLSBAD
When recorded mail to:
City Clerk 1
OFFICIAL R€m SAN DIEM lX"TY RECORDER'S OFFICE GREGORY J. SHIM, CMJNTY RECORDER FEES: 0.00
&% 13,530
City of Carlsbad 1
1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described. The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on January
26,2004.
The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Sunnyhill Drive Drainage
Improvements, Project No. 3839.
CITY OF CARLSBAD fl & 614
GLENN PRUIM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
,2004, accepted the California, 92008. The City Council of said City on April 6th
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executedon April 7 ,2004, at Carlsbad, California.
CITY OF CARLSBAD
I Cwerk
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIEONS
FOR
SUNNYHILL DRIVE
DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
PWSO 3- 2 7 EN G
a Revised 07/29/02 Contract No. 3839 Page 1 of 86 Pages
THE OKIGIML DF THIS DOCUMENT RECORDED ON f#PR 229 2004
I"EN[ NUMBER 2004-035096t;
SEIN DIEGO COUNTY HECORDER'S OFFICE TIME: 830 #I
GREGORY J. SHITHi COUNTY REGORIER
Recording requested by: ) 1
CITY OF CARLSBAD 1 1
When recorded mail to: ) 1
City Clerk 1
City of Carlsbad )
1200 Carlsbad Village Dr. ) Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on January
26,2004.
The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Sunnyhill Drive Drainage
Improvements, Project No. 3839.
CITY OF CARLSBAD n 61-
GLENN PRUIM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
2004, accepted the California, 92008. The City Council of said City on April 6th
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 7 ,2004, at Carlsbad, California.
CITY OF CARLSBAD
TABLE OF CONTENTS Item Paae
Notice Inviting Bids ........................................................................................................................ 5
-
Contractor’s Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 14
Bidder’s Bond To Accompany Proposal ....................................................................................... 15
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” .................................................................................................................................... 17
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................ 19
Bidder‘s Statement Of Financial Responsibility ............................................................................ 20
.. Bidder‘s Statement Of Technical Ability And Experience ............................................................. 21
Bidder‘s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation .......................................................................................... 22
23
...
Bidder’s Statement Of Re Debarment ..........................................................................................
- - Bidder’s Disclosure Of Discipline Record ......................................................................... 24
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 26
I
Contract Public Works .................................................................................................................. 27
Labor And Materials Bond ............................................................................................................ 33
Faithful PerformanceNVarranty Bond ........................................................................................... 35
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 37
Revised 07/29/02 Contract No. 3839 Page 2 of 86 Pages
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1
1-1 1-2
1-3
Terms, Definitions Abbreviations And Symbols 40
40 41
Terms .................................................................................................................... Definitions .............................................................................................................. Abbreviations ........................................................................................................
Section 2 2-3 2-4
2-5 2-9 2-1 0
Scope And Control Of The Work Subcontracts ......................................................................................................... Contract Bonds ..................................................................................................... Plans And Specifications ...................................................................................... Surveying .............................................................................................................. Authority Of Board And Engineer .........................................................................
42 42 43 44 47
Section 3 3-2
3-3 3-4 3-5
Changes In Work Changes Initiated by the Agency ..........................................................................
Extra Work ............................................................................................................ Changed Conditions ............................................................................................. Disputed Work ......................................................................................................
Materials And Workmanship ................................................................................. Control Of Materials
Materials Transportation, Handling and Storage ..................................................
47 47
48 49
Section 4
4- 1 4-2
51 52
Section 5
5- 1 5-4
5-6
Utilities Location.. ............................................................................................................... Relocation ............................................................................................................. Cooperation. ..........................................................................................................
Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ...........................................................................
Completion And Acceptance ................................................................................ Liquidated Damages .............................................................................................
Time of Completion ...............................................................................................
53
53
Section 6
6-1 6-2 6-6 6-7 6-8 6-9
53 56
56 56 56 57
Section 7
7-3 7-4
7-5 7-7 7-8 7-1 0 7-1 3
Responsibilities Of The Contractor
Permits ..................................................................................................................
Public Convenience And Safety ........................................................................... Laws To Be Observed ..........................................................................................
Liability Insurance .................................................................................................
Workers' Compensation Insurance ......................................................................
Cooperation and Collateral Work ......................................................................... Project Site Maintenance ......................................................................................
57 57
57 57 58 58
62 _-
Section 9 9- 1 9-3
Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 63 63
I-
-
__
Revised 07/29/02 Contract No. 3839 Page 3 of 86 Pages
-
_1 Part 2 Construction Materials
.- Section 200 Rock Materials 200-2 Untreated Base Materials .....................................................................................
Section 201
201 -1
Concrete, Mortar And Related Materials Portland Cement Concrete .................................................................................. -
Section 203 Bituminous Materials
203-6 Asphalt Concrete ..................................................................................................
203-1 1 Asphalt Pavement Crack Sealants .......................................................................
Section 207 Pipe
207-25
207-2 Reinforced Concrete Pipe ..................................................................................... Underground Utility Marking Tape ........................................................................
I
-- Section 21 3 Engineering Fabrics
21 3-3 Erosion Control Specialties ...................................................................................
- PART 3 Construction Methods
Section 300 Earthwork 300-1 Clearing And Grubbing ........................................................................................
300-2 Unclassified Excavation ........................................................................................
300-9 Geotextiles For Erosion Control And Water Pollution Control. ............................
- Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials
301 -1 Subgrade Preparation ...........................................................................................
Section 302 Roadway Surfacing
302-9
302-5 Asphalt Concrete Pavement ................................................................................. -
Asphalt Pavement Repairs And Remediation ......................................................
- Section 303 Concrete And Masonry Construction. 303-1 Concrete Structures ..; ...........................................................................................
303-5 Access Ramps, And Driveways ............................................................................ Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
-.
Section 306 Underground Conduit Construction 306-1 Open Trench Operations ......................................................................................
306-5 Abandonment Of Conduits And Structures .......................................................... _--
c
--
e
- e Revised 07/29/02
72
73
74
75
76
76
78
79
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80
81
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83 86
Contract No. 3839 Page 4 of 86 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on July 9, 2003, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: construction of drainage improvements on
Sunnyhill Drive.
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2003 Edition, all
hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American
Public Works Association and as amended by the supplemental provisions sections of this contract.
Reference is hereby made to the plans and specifications for full particulars and description of the
work.
I The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent.
The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
,-
a Revised 07/29/02 Contract No. 3839 Page 5 of 86 Pages
The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
1. Contractor's Proposal
2. Bidder's Bond 3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner OperatodLessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but
shall be provided by the Bidder prior to award of this contract. 1O.Bidder' s Statement Re Debarment 1 1 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$50,000
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A - General Engineering.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-731 4,
for a non-refundable fee of $10 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Engineer a copy of which
will be mailed or delivered to each person receiving a set of the contract documents. No oral
response will be made to such inquiry. Prior to the award of the contract, no addition to,
modification of or interpretation of any provision in the contract documents will be given by
any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
No bidder may rely on directions given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore shcified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or - informality in such bids.
a Revised 07/29/02 Contract No. 3839 Page 6 of 86 Pages
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
.-
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
a Revised 07/29/02 Contract No. 3839 Page 7 of 86 Pages
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
---
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2003-1 16,
adopted on the 6th day of May, 2003.
-I
5 /at /d 3
Date D&uty City Clerk
a Revised 07/29/02 Contract No. 3839 Page 8 of 86 Pages
CITY OF CARLSBAD
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3839 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item - No. --
1 -
Description
Mobilization & Demobilization
at
Dollars (Lump Sum)
2 Prepare and Implement
Traffic Control Plans at
3
4
Dollars (Lump Sum)
Install and Maintain Erosion
Control at
Dollars (Lump Sum)
Remove Existing Asphaltic
Concrete Paving and Base at
Dollars per Square Foot
-
Revised 07/29/02
Approximate
Quantity Unit
and Unit - Price - Total
ILS $ a500.ux, $a
1LS $ 1soo.bo
875SF $ 3.75
Contract No. 3839 Page 9 of 86 Pages
Approximate
Quantity Unit
and Unit Price
70SF $
_-
Item' - No.
5
6
7
8
9
10
11
12
- Total $m Description
Remove Existing Concrete
Driveway at
Dollars per Square Foot
50LF $.% Remove Existing Asphalt
Concrete Dike at
Dollars per Linear Foot
Install 18" RCP (2000-D) at 126LF $u7.w $-
Dollars per Linear Foot
1 EA $- $a Install Type C Inlet at --
Dollars Each
$3000.00 ,- Install Type A-4 Cleanout at 1 EA
Dollars Each
1OLF $% Install Type G Curb and
Gutter at
Dollars per Linear Foot
50LF $ 1S.b Install 6" Type A Asphalt
Concrete Dike per
SDRSD G-5 at
Dollars per Linear Foot
875SF $ 9.50 Install 5" Asphalt Concrete
Paving Over 12" Crushed
Aggregate Base at
Dollars per Square Foot
Revised 07/29/02 Contract No. 3839 Page 10 of 86 Pages
Item - No. DescriDtion
-.. Approximate
Quantity Unit
and Unit - Price
c-
13 Install Portland Cement 70 SF $ a0.m
Concrete Driveway at
Dollars per Square Foot
14 Remove and Relocate
Existing Mailbox at
1EA $ 1S.m
- Total $lfQD¶-m
$ n5.m
Dollars Each
15 Relocate and Adjust Water Service at 1EA OPENED,
Dollars Each
t 5 - __
Total amount of bid in numbers for Schedule: $ 43. m.7
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
hadhave been received and idare included in this +
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capaci of a contractor within the State of California, validly licensed under
license number I'l*# , classification A which expires on
an affidavit. 4 , and that this statement is true and correct and has the legal effect of
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Cod,e shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 9 201 04.
-
_-
- a Revised 07/29/02 Contract No. 3839 Page 11 of 86 Pages
,-
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
hidher to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certified Chec
Cashier's Check) for ten percent (1 0%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
- (3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
-
Revised 07/29/02 Contract No. 3839 Page 12 of 86 Pages
IF A CORPORATION, SIGN HERE:
Impress Corporate Seal here
(3) Incorporated under the laws of the State of cd&\\
(4) Place of Business \o\A - n L\nb- V.!&L Yh
(Street and Number)
City and State SGn rn Cd en\ I PA
(5) Zip Code qm Telephone No. xfi \
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
e Revised 07/29/02 Contract No. 3839 Page 13 of 86 Pages
_._-
I -
BID SECURITY FORM
(Check to Accompany Bid)
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.)
a Revised 07/29/02 Contract No. 3839 Page 14 of 86 Pages
z .
e .I
-
,-
BIDDER'S BOND TO ACCOMPANY PROPOSAL
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO, 3839
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe, CO~CTING CO.. INC.
as Surety are held and firmly bound unto the City of Ca follows: (must be at least ten percent (10%) of the bid amount) r which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
DOH WBBBBD , as Principal, and IN!3U"CE COMPANY OF THE pST
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
in the Clty of Carlsbad, Is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain In full force and effect, and the amount speaified herein shall be forteited to the said City,
... ... ..- ... ... ... ... ... ...
I..
..a .., .., ...
I..
I.. .., ...
I.,
-6.
..I ... ...
*..
Revised 07/29/02 Contract Nn. 3839
In the event Principal executed this band as an individual, It is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 1st day of JULY ,20!5..
PRINCIPAL:
(print name here)
(prlnt name here)
(title and organization of signatory)
IEml nw-Mwim.mM ma
to.
Executed by SURErY this lst
of JULY ,20=. day
SURETY:
INSIlIzBNcE COMPANY OF TEE WEST
(name of Surety)
11455 EL CBMINO REAL
{address of Surety) . 92130-2045
UmN, ATlWNEY-IN-FACT -cA SAN -- (printed name of Attorney-in-Fact)
(Attach oarporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretay or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
a Revised 07/29/02 Contraci No. 3839 Paae 16 of 86 Paam
I.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
Name@) of Signer(s)
ersonally known to me
%roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature@) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
V OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: -
0 1999 National Notaly Asscaatwn - 9350 De Solo Ave., P.O. Box 2402 - Chatworth, CA 91313-2402 * www.natwndnotafyorg Prcd No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.-
State of California
County of San Diego } SS.
, before me, Blenny E. Kelley, Notary Public On 7-1-03
Date Name and TlUe of Officer (e.g., ‘Jane Doe. NotaryXb”) ,
personally appeared America San Martin Name@) of Signer(s)
spersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(Pq whose name- isIkW5
subscribed to the within instrument and
acknowledged to me that WsheXlI@fexecuted
the same in 3i%Xher/X33XK authorized
capacity(= and that by fSZ/her-
signaturemon the instrument the person@), or
the entity upon behalf of which the personw
ed, executed the instrument. r“\
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s): I I 0 Partner - 0 Limited 0 General
Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Assoclalion 9350 De Soto Ave , PO. Box 2402 * Chaiswoflh. CA 91313-2402 * w nat!onalnotary.org Prod No. 5907 Reorder Call Toll-Free 1-800-876-6827
No. 0001363
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws ofthe State of Texas, (collectively referred to as the “Companies”), do hereby appoint
DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON
VALERIE M. PEARCE, BART B. STEWART, JACK T. WARNOCK, AMERICA SAN MARTIN
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WlTNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
John H. Craig, Assistant Secretary
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John L. Hannum, Executive Vice President
State of California
County of San Diego 1 ss.
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
- Witness my hand and official seal.
NORMA PORTER COM M . # 1 257540 NOTAAY PUBLIC-CALIFORNIA SAN C)IEGO COUNTY
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each ofthe Companies:
“RESOLVED That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casuaky and Silrety Compny, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutiolis were duly 3dop:zd hy the
respective Boards of Directors of the Companies, and are now in full force.
IN WlTNESS WHEREOF, I have set my hand this 1st day of JULY ,2003 .
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached.
LC.W, GROUP
Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El Camirio Real. San Diego. CA 92130-203s
P.O. BOX 85563. San Diego. CA 92186-5563
nmi.icwgroup.com
(858) 350-2400 FAX (858) 350-2707
BondNumber: BID BOND
Terrorism Risk Rider
This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety. -
Coverage for certified acts of terrorism is included in the attached bond and will be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way will the payment for loss on this bond exceed the limit of liability under this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
under the Act is One Dollar ($1.00).
Important Notice: The cost of terrorism coverage is subject to change on any bond that
premium is charged annually.
BIDDER'S BOND TO ACCOMPANY PROPOSAL
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and 9
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Revised 07/29/02 Contract No. 3839 Page 15 of 86 Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of I20-d
PRINCIPAL:
Executed by SURETY this day (name of Principal) of
By: (sign here) SURETY:
(print name here)
(name of Surety)
(Title and Organization of Signatory)
By:
(address of Surety)
(sign here)
(telephone number of Surety)
(print name here) By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(title and organization of signatory)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
a Revised 07/29/02 Contract No. 3839 Page 16 of 86 Pages
c
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
REFERENCES Prior to preparation of the following Subcontractor disclosure forms Bidders are
urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to
this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit
Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1 -2 of the Supplemental
Provisions especially "Own Organization". Bidders are further urged to review sections 2-3
SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor who the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
who the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said
name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral
part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor of manpower and equipment that
it proposes to use to complete the Work. Additional copies of the forms must be attached if required
to accommodate the Contractor's decision to use more than one Subcontractor. All items of
information must be completely filled out. These forms must be submitted as a part of the Bidder's
sealed bid. Failure to provide complete and correct information may result in rejection of the bid as
non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors.
When the Bidder proposes that any bid item will installed by a Subcontractor the amount, in dollars,
of the bid item installed by each Subcontractor must be entered under the columns "Amount of
Subcontracted Bid Item Including Subcontractor's Overhead & Profit" unless the dollar amount of all
work performed by any Subcontractor is less than one-half of one percent (0.5%) of the Bidder's total
bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor installs or constructs
any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and
profit, shall be multiplied by the Quantity of the bid item that the Subcontractor installs to compute the
amount of work so installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, as the case may be, that the Bidder proposes
as installer of said materials. The value of material incorporated in any Subcontractor installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to
be performed by the Subcontractor installing said item. a Revised 07/29/02 Contract No. 3839 Page 17 of 86 Pages
- The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
- When a Subcontractor has a Carlsbad business license the number must be entered on the form. If
the Subcontractor does not have a valid business license enter "NONE" in the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operatorllessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor as applicable. The explanation sheet shall be provided by the Contractor to clearly
apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty
percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall determined by
the City Council in conformance with the provisions of the contract documents and the Supplemental
Provisions. The decision of the City Council shall be final.
Revised 07/29/02 Contract No. 3839 Page 18 of 86 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one- or ten thousand dollars
($1 0,000) whichever i except upon the prior approval of the Agen
Full Company Name of Subcontractor:
Subcontractor's Location of Busines
*Subcontractor's Tele
*Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS*
Bid Item Including Item Performed by Overhead 8t Profit In
Explanation:
Column 1 - Bid Item No. from the bid proposal, pages 11 through 13, inclusive. Column 2 - The dollar amount of the item to be Derformed bv the Subcontractor. Column 3 - The dollar amount of the item to be performed b$ Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 11 through 13, inclusive.
Page of pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours afler the deadline for submitting bids contained in the "Notice Inviting Bids."
Revised 07/29/02 Contract No. 3839 Page 19 of 86 Pages
.
BIDDER'S
Copies of the latest
STATEMENT OF FINANCIAL
(To Accompany Proposal)
RESPONSIBILITY
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
Annual Report, audited financial statements or Balance Sheets may be .-
submitted under separate cover marked CONFIDENTIAL.
a Revised 07/29/02 Contract No. 3839 Page 20 of 86 Pages
. I
DON HUBBARD CONTRACTING COMPANY
BALANCE SHEETS
December 31,2002 and 2001
2002 2001
ASSETS
CURRENT ASSETS
Cash and cash equivalents
Contract receivables
Other receivables
Due from officer
Costs and estimated earnings in excess of billings on
Prepaid expenses
uncompleted contracts
$ 392,838 $ 843,044
402,102 270,932
8,253 10,303
177,616
80,913 15,767
19,833 21,309
TOTAL CURRENT ASSETS 1,081,555 1,161,355
PROPERTY, PLANT AND EQUIPMENT, net 682,94 1 833,743
OTHER ASSETS
Cash value of officers' life insurance, net of policy loans of
Cash value of deferred compensation insurance, net
$373,707 in 2002 and $380,540 in 2001.
of policy loans of $241,563 in 2002 and $235,969 in 2001. -
44,065 60,959
242,387 21 1,245
286.452 272.204
$ 2,050,948 $ 2,267,302
See accompanying notes and accountants' review report.
-2-
DON HUBBARD CONTRACTING COMPANY
BALANCE SHEETS (Continued)
December 31.2002 and 2001
-,
2002 2001
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Accounts payable $ 65,814 $ 64,796
Accrued salaries and wages 16,069 26,279
Due to officer 1,500
Current portion of long-term debt 25,650 26,594
Union benefits payable 35,379 28,964
Billings in excess of costs and estimated earnings
on uncompleted contracts 196
TOTAL CURRENT LIABILITIES 163,147 157,826
Accrued expenses 20,235 9,497
LON'G-TERM DEBT, net of current portion
STOCKHOLDERS' EQUITY
Common stock, no par value, 1,000 shares authorized,
Retained earnings
- issued and outstanding
5,881 32,278
169,028 190,104
1,195,709 1,195,709
68621 1 881,489
1,881,920 2,077,198
$ 2,050,948 $ 2,267,302
See accompanying notes and accountants' review report.
-3-
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
I I I I Date Name and Phone Amount
Completed of the Employer to Contract Work Contract
Contract Name and Address No. of Person Type of of
Revised 07/29/02 Contract No. 3839 Page 21 of 86 Pages
1.
2.
3.
- 4.
5.
6.
Date
Completed
3- 1 2-99
7-0 1 -99
1 -04-01
1 0-26-0 1
5-1 5-01
5-21-01
Agency Name Type of Work
Address & Phone Performed
City Of Oceanside Downtown Utilities
Attn: Mike Malone Sewer, water
300 N. Coast Hwy & storm drain
O’side, CA 92054
760 283-4426
Sukut Construction Rancho Carrillo
Attn: Matt Eklund Sewer, water
4010 Chandler & storm drain
Santa Ana, Ca 92704
714 540-5351
San Elijo Hills Questhaven
Attn: Leon Hayden Outfall sewer
1903 Wright Place, Ste 220
Carlsbad, CA 92008
Contract
Amounts
$ 1,030,000
$ 3,570,000
$ 3,500,000
City of Oceanside San Luis Rey Road $475,000
Attn: Gary Bodman Sewer replacement
300 N. Coast Highway
Oceanside, CA 92008
Vallecitos Water District Vallecitos Swr Interceptor $ 890,000
Attn: Ken Gerdes Phase One
201 Vallecitos De Or0
San Marcos, CA 92069
Santa Fe Irrigation District 24” Valve Installations $ 325,000
Attn: Dana Johnson
P.O. Box409
Rancho Santa Fe, CA 92026
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
-
~ __
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation - Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
-
- - showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
e Revised 07/29/02 Contract No. 3839 Page 22 of 86 Pages
1 CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (6 19) 5 8 4 - 6400 FAX (619) 584-6425
Westland Insurance Brokers
3838 Camino Del Rio North #315
r I. Box 85481
I DATE (MMIDDIYYYY) 1 10/30/2003
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Diego, CA 92186-5481
INSURED Don Hubbard Contracting Co.
INSURERS AFFORDING COVERAGE NAlC #
INSURER A: STARNET INSURANCE COMPANY/SUMMIT INS. SERV
INSURER D:
INSURER E:
TYPE OF INSURANCE POLICY NUMBER
I I 1 x 1 COMMERCIAL GENERAL LIABILITY I
01/01/2004
CLAIMS MADE 1x1 OCCUR
COMBINED SINGLE LIMIT $
(Ea accident) 1,000,000
S BODILY INJURY (Per person)
BODILY INJURY (Per accident) $
GENL AGGREGATE LIMIT APPLIES PER
LOC
PROPERTY DAMAGE (Per accident)
AUTO ONLY - EA ACCIDENT
AUTOMOBILE LIABILITY
ALL OWNED AUTOS
S
$
SCHEDULED AUTOS
EXCESSIUMBRELLA LIABILITY 7 OCCUR CLAIMSMADE
1 NON-OWNEDAUTOS
EACH OCCURRENCE
2SMCC3BAU032504
$
WC STATU- OTH-
E.L. EACH ACCIDENT
If es describeunder SJECIAL PROVISIONS below
OTHER
S
S
S
s
I I
ESCRlPTlON OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSE1 E: BID SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS CONTR
WC STATU- OTH-
E.L. EACH ACCIDENT
:LAIMS.
S
S
S
s
01/01/2003
9s RESPECTS GENERAL LIABILITY AND AUTO THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND
VOLUNTEERS ARE ADDITIONAL INSURED WITH PRIMARY WORDING PER AlTACHED BLANKET FORMS.
*10 DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT
.NT /SPECIAL PRO\ CT NO. 3835
OTHER THAN EA I I AUTO ONLY: AGG I S
I IONS
IC City of Carlsbad
1635 FARADAY AVENUE
CARLSBAD, CA 92009-1576
"30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY I- OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Robert Ketma/70YR
ACORD 25 (2001/08) OACORD CORPORATION 1988
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CO M PEN SAT1 0 N INSURANCE
JULY 7, 2003 GROUP: 000046 POLICY NUMBER: 8604-2003 CERTIFICATE ID: 175 CERTIFICATE EXPIRES: 01- 01 -2 004
01-01-2003/01-01-2004
CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD CA 92009-1576
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
U
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
DON HUBBARD CONTRACTING CO
SAN MARCOS CA 92069
1015-A LINDA VISTA DR
SClF 10262E IEPF-UI: 85 1
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
-
party debarred party debarred
-
agency agency
- period of debarment period of debarment
-
BY CONTRACTOR: a,g
Revised 07/29/02
Page \ of ! pages of this Re Debarment form
. Contract No. 3839 Page 23 of 86 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
la 2) Has the suspension or revocation of your contractors license ever been stayed? r\ c
--
I
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period? -
2- Yes no
IS 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to n perform any portion of the Work ever been stayed?
Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.) -
- Page \ of \ pages of this Disclosure of Discipline form
c
Revised 07/29/02 Contract No. 3839 Page 24 of 86 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
-
-.-,
Page \ of \ pages of this Disclosure of Discipline form --
-- e Revised 07/29/02 Contract No. 3839 Page 25 of 86 Pages
._ .
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMllTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
State of California 1
County of 1 ) ss.
, being first duly sworn, deposes
and says that he or she is
of
(Name of Firm) -
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
g is true and correct and that this affidavit was
,201Q3.
Subscribed and sworn to before me on the 3 rc\ day of &A\/ ,20%.
-- e Revised 07/29/02 Contract No. 3839 Page 26 of 86 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 2-' day of at ked clr , 2083, by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and DON HUBBARD CONTRACTING COMPANY
SUITE A, 1015 LINDA VISTA DRIVE, SAN MARCOS, CA 92069
called "Contractor").
whose principal place of business is
(hereinafter
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
-_ CONTRACT NO. 3839
(hereinafter called "project")
2.
equipment, and personnel to petform the work specified by the Contract Documents.
- Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
. .-
.-
L - 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes mqde thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, hereinafter designated "SSPWC", as issued by
the Southern California Chapter of the American Public Works Association, and as amended by the
Supplemental Provisions section of this contract. The Engineer will close the estimate of work
.completed for progress payments on the last working day of each month.
a Revised 07/29/02 Contract No. 3839 Page 27 of 86 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
c
.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
-.
_-
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
8.
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
Differing Conditions. Subsurface or latent physical conditions at the site differing from those -
-.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
..
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Con tract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
Revised 07/29/02 Contract No. 3839 Page 28 of 86 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
,' - separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403. .- -
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any
auto" and cannot be limited in any manner. _.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
*--
-
e Revised 07/29/02 Contract No. 3839 Page 29 of 86 Pages
-- a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
.
-
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
- -
--
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance.
in the Contractor's bid. ___
- e Revised 07/29/02
The Cost of all insurance required under this agreement shall be included
Contract No. 3839 Page 30 of 86 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5
(commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
c
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
-
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for .. .. resolution of any disputes between the parties arising out of this a
California.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no ut to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7,'Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
e Revised 07/29/02 Contract No. 3839 Page 31 of 86 Pages
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
%inn here) ATTEST:
" (sign here) \'\ t
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
.-
Revised 07/29/02 Contract No. 3839 Page 32 of 86 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_-
-.-
State of California I
County of 1 ss.
On
personally appeared
personally known to me
'?$proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - Limited General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: -
0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 Chatswolth. CA91313-2402 * w.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
BOND No.
PREMIUM:
LABOR AND MATERIALS BOND
212 38 95
INCLUDED
Resolution No. WHEREAS, the City Council of the Ci of Carlsbad, State of California, by 2003-263 , adopted OCTOBE fkr 7, 2003 , has awarded to
DON HUBBARD CONTRACTING COMPANY
(hereinafter designated as the "Principal"), a Contract for:
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, DON HUBBARD CONTRACTING MPANY I as Principal, (hereinafter designated as the "Contractor"), and *' as Surety,
are held firm1 bound unto the City of Carlsbad in the sum of FORTY THREE l-K"AND THREE
Dollars ($43,300- 75 ),
said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
HUNDRED Ad 75/100--------------- ___________________________
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
31 81, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications. -
a Revised 07/29/02 Contract No. 3839 Page 33 of 86 Pages
L
c-
c
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this L3 \
day of B&hex 92a.
Executed by SURETY this 29th day
,20&. of OCJDBER
CONTRACTOR: SURETY:
INSURANCE COMPANY OF THE WEST
11455 EL CAMINO REAL
SAN DIEGO, CA 92130-2045
(name of Surety)
(address of Surety)
AMERICA SBN MARTIN
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
DeflCity Attorney
Q Revised 07/29/02 Contract No. 3839 Page 34 of 86 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of
Dad
personally appeared Name@) of Lgner(s)
rsonally known to me P 0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
1 OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notaly Association - 9350 De Soto Ave., P.O. Box 2402 - Chaisworth, CA 91 31 3-2402 - w.nationalnota~.org Prod. No 5907 Reorder: Call Toll-Free I-EW-8764827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
Countyof SAN DIEGO
On 10-29-03 beforeme, MARIA V. DRIPPS, NOTARY PUBLIC ,
Dale Name and me of Officer (e.g., ‘Jane Doe. Notary Public”)
personally appeared AMERICA SAN MARTIN
Name@) of Signer@) m personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person($ whose name0 is/=
subscribed to the within instrument and
acknowledged to me thatmsheeexecuted
the same in IWher4G6E authorized
capacity(ies), and that by IWherBEiE
signaturem on the instrument the person($, or
the entity upon behalf of which the person@
acted, executed the instrument.
WITSS;” ha;d
Signature o Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons reking on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
Individual
0 Corporate Officer -Title@): 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
Pmd. No. 5907 Reorder: Call Toll-Free 1-800-8766827 @ 1999 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 * Chatswwth. CA 91 31 3-2402 www.nationainotary.org
.-
No. 0001363
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the “Companies”), do hereby appoint
DAVID L. WALKER, LAWRENCE P. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON
VALERIE M. PEARCE, BART B. STEWART, JACK T. WARNOCK, AMERICA SAN MARTIN
their true and lawhl Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
JN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
CountyofSanDiego 1 SS.
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.“
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WlTNESS WHEREOF, I have set my hand this 29th day of OCTOBER ,2003 .
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached.
.-
LC.W. GROUP Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El Camino Rea& San Diego. CA 92130-204s P.O. BOX 85563, San Diego, CA 92186-5563
m:icv+group.com (858) 350-2400 FAX (858) 350-2707
Terrorism Risk Rider
BondNumber: 212 38 95
' This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for certified acts of terrorism' is included in the attached bond and wjll be partially
reimbursed by the United States under a formula established by the,Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way wilI the payment for loss on this bond exceed the limit of liability'under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
undertheActisOneDollar($l, 001,
Important Notice: The cost of terrorism cover= is subject to change on any bond that
premium is charged annudy.
FAITHFUL PERFORMANCUWARRANTY BOND
.-
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
, has awarded to No. OCTOBER 7, 2003 , adopted 2003-263
DON HUBBARD CONTRACTING COMPANY , (hereinafter
designated as the "Principal"), a Contract for:
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, DON HUBBARD CONTRACTING COMPANY , as Principal,
(hereinafter designated as the "Contractor"), and I"JRAEKE OF W'EST
- , as Surety, are held and firmly bound unto the City of Carlsbad, +-
_-
__
, .- .
in the sum of FORTY THREE THOUSAND THREE HUNDRED AND 75/100---------------------- ___________________________________ Dollars ($ujn-, 7 fi ), said sum beingequaffo
cnihundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain
attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect .
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
-
- a Revised 07/29/02 Contract No. 3839 Page 35 of 86 Pages
-.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
-_
Executed by CONTRACTOR this Executed by SURETY this 29th day of
c day of or X~@J 3 \ ,200'i:. OCTOBER ,2003 .
CONTRACTOR: SURETY:
c
-
.-
DON HWBARD CONTRACTING COMPANY INSURANCE COMPANY OF TEE WEST
(name of Contractor) (name of Surety)
11455 EL CAMIN0 REAL
SAN DIEGO, CB 92130-2045
(address of Surety)
Sb
w (858) 350-2900
(print name here) con
-
I
AMERICA SAN MARTIN
(printed name of Attorney-in-Fact)
- ..
,-
c
e-
(Attach corporate resolution showing current
power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
- De?? City Attorney
Revised 07/29/02 Contract No. 3839 Page 36 of 86 Pages
Notary PuMlc - cal#knlo
Comm. Expires Aot 17.2W7 ~Megocous
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
to be the person(@ whose name(@ idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person($, or
the entity upon behalf of which the person@)
acted, executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 National Notav Association * 9350 De Solo Ave., P.0 Box 2402 - Chalsviulth. CA 91313-2402 * www.nationalnolaty.org Prod. No. 5907 Reorder: Call Tall-Free 1-800-876-6827
No. 0001363
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws ofthe State of Texas, (collectively referred to as the “Companies”), do hereby appoint
DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON
VALERIE M. PEARCE, BART B. STEWART, JACK T. WARNOCK, AMERICA SAN MARTIN
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 200 I.
INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
County of San Diego 1 ss.
On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and oflicial seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in fU force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors ofthe Companies, and are now in full force.
IN WlTNESS WHEREOF, I have set my hand this 29th day of OCmBm , 2003 .
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details ofthe bond to which the power is attached.
LC.W. GROUP Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El camiuo Real, San biego. CA 92130-2045
P.O. BOX 85563, SanDiego, CA 92186-5563
m:icwgroup.com (858) 350-2400 FAX (858) 350-2707
BondNumber: 212 38 95
Terrorism Risk Rider
' This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for certified acts of terrorism is included in the attached bond and wjll be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way will the payment for loss on this bond exceed the limit of liability'under this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond.
The portion of the premium, for this bond, attriiutable to coverage for certified acts of terrorism under the Act is OneDollar ($1. 00).
Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually.
_- CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
} SS.
State of California
Countyof SAN DIEGO
On 10-29-03 before me, MARIA V. DRIPPS, NOTARY PUBLIC ,
Date Name and Title of Officer (e.g., "Jane DOE, Notary Public")
personally appeared AMERICA SAN MARTIN
Name@) ol Signer(s)
@ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person($ whose name0 is/=
subscribed to the within instrument and
acknowledged to me thatmshew executed
the same in XWherBtZE authorized
capacity(ies), and that by IKWher-
signatureo on the instrument the person($, or
the entity upon behalf of which the person(&
acted, executed the instrument.
WITNESS my hand and official seal.
I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General
0 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary Association - 9350 DE Soto Ave., P.O. Box 2402 Chatsworth, CA 913132402 * wvvw.nalk.malnotary.org Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City1' and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Sunnyhill Drive Drainage Improvements, Contract No. 3839,
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments
of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities
as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the
deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the
Escrow Agent in connection with the handling of retentions under these sections in an amount not
less than $100,000 per contract. The market value of the securities at the time of the substitution
shall be a least equal to the cash amount then required to be withheld as retention under the terms of
the contract between the City and Contractor. Securities shall be held in the name of the City and
shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
-
4. The Contractor shall be responsible for paying all fees for the expenses incurred 'by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent. __
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
--
-
- a Revised 07/29/02 Contract No. 3839 Page 37 of 86 Pages
--
I 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Signature
Address
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Add ress
.-- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
a Revised 07/29/02 Contract No. 3839 Page 38 of 86 Pages
- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signatu re
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
a Revised 07/29/02 Contract No. 3839 Page 39 of 86 Pages
SUPPLEMENTAL PROVISIONS
FOR
SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS
CONTRACT NO. 3839
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS .-
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
- - Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein. -
- Agency - the City of Carlsbad, California.
a Revised 07/29/02 Contract No. 3839 Page 40 of 86 Pages
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
-. Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works Director of the City of Carlsbad or hidher approved
representative. -
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution. --
1-3 ABBREVIATIONS
- 1-3.2 Common Usage, add the following:
Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg __ ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ................................... ..Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ................................... ..Commercial
DR .......................................... Dimension Ratio
E Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
-.
-
............................................. -
Contract No. 3839 Page 41 of 86 Pages
__ - __ __ - ~~
Revised 07/29/02
-
... Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MT.BM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
WD ....................................... Vallecitos Water District
_--
-
S ............................................. Sewer or Slope, as applicable
-
SECTION 2 -- SCOPE AND CONTROL OF THE WORK _-
2-3 SUBCONTRACTS.
_-.
...
-
- ~ 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (1 0) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows:
is listed in the latest version of U.S. Department of Treasury Circular 570,”.
Delete, “who
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
-
- equal to:
-
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section. -
- a Revised 07/29/02 Contract No. 3839 Page 42 of 86 Pages
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The bonds to secure payment of laborers and materials suppliers shall be released six months plus
30 days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 Edition, hereinafter designated "SSPWC", as written
and promulgated by Joint Cooperative Committee of the Southern California Chapter American
Public Works Association and Southern California Districts Associated General Contractors of
California, and as amended by the Supplemental Provisions section of this contract.
The construction plans are designated as City of Carlsbad Drawing No. 402-7 and consists of
2 sheets. The standard drawings used for this project are the latest edition of the San Diego Area
Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County
Department of Public Works, together with the most recent editions of the City of Carlsbad
Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of
Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as
CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent
standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1) 2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans. Standard Specifications for Public Works Construction.
Permits from other agencies as may be required by law.
5) 6) Reference Specifications.
7) Manufacturer's Installation
a Revised 07/29/02
Recommendations.
Contract No. 3839 Page 43 of 86 Pages
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material Submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
-
-
-_ _-
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at
the site of the replacement is completed. The Surveyor shall file corner record(s) as required by $9 8772 and 8773, et seq. of the California Business and Professions Code. ~ --
- a Revised 07/29/02 Contract No. 3839 Page 44 of 86 Pages
When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work.
Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field note?, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8 /$ by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 55 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under $9 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the
Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or
other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others.
- a Revised 07/29/02 Contract No. 3839 Page 45 of 86 Pages
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Centerline or Parallel to Centerline
Spacing@, Q,
Feature Staked Lateral
Spacing @, 0
Asphalt Pavemenl Finish Course
Vertical Control
Clearing
Grading
Drainage Structures, Pipes
& similar FacilitiesO, 0
Bench marks
W hite/Orange
Limits of clearing Yellow/Black
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow
curb
Pavement MarkersO
-
Right-of-way
Miscellaneous
Stake
Description 0
RP, paint on previous
course
drains, slope protection, curbs, gutters, etc.
Fences, W W lines, easements, property monuments, etc.
Signs, railings, barriers, lighting, etc.
W hiteNellow
Orange
RP + Marker Stake
RP + Marker Stake
RP
0 Staking for feature may be orr
.-
the denser information paving pass width, crown line & grade
Alignment breaks, Junctions, Inlets & similar
facilities. Risers & similar facilities (exceDt plumbing), Skewed cut-off lines ’ I
5 7.5m (25’), BC & EC, at %A, %A & y‘A on I ( constant
offset)
marker
at pavement
location(s) I curb returns & at beginning & end 60 m (200) on tangents, 15m (50) on curves
when R 2 300m (1 000) & 7.5m (25’) on
curves when R I 300m (1 000) For PCC
Setting Tolerance
(Within)
10 mm (‘/;) Horizontal & 7 mrn (l/~) Vertical
10 mm (“/e”) Horizontal
& 7 mrn (’/4”) Vertical
10 mm (”/() Horizontal
& 7 mm ( /4”) Vertical
7 mm (l/C) Horizontal
surfaced streets lane cold joints will suffice I
ed when adiacent marker stakes reference the offset and elevation of those features
and the accuracy requirements of the RP meet the requirements for the feature
0 Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table
0 Perpendicular to centerline.
@ Some features are not necessarily parallel to centerline but are referenced thereto 0 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
@ 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol-
lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8)
TABLE 2-9.2.2(8)
Survey Stake Color Code for Construction Staking
Tvae of Stake 1 Descriotion I Color*
Horizontal Control 1 Coordinated control points, control lines, control reference points, centerfine, I W hite/Red
Structure
Drainage, Sewer, Curb
grade, etc. I
Bridges, sound and retaining walls, box culverts, etc. I White
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm I Blue
Flagging and marking cards, if used.
a Revised 07/29/02 Contract No. 3839 Page 46 of 86 Pages
-
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
- 2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all - -
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
-
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data -
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
- 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK. -
3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
second paragraph, modify as follows:
a Revised 07/29/02 Contract No. 3839
I
Page 47 of 86 Pages
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_-
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20 2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor’s costs
(b) When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
Work by Subcontractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. .-
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
-
-
The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
~ -.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.’’
By: Title:
Date:
Company Name:
-
a Revised 07/29/02 Contract No. 3839 Page 48 of 86 Pages
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector 2. Construction Manager 3. Deputy City Engineer 4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work has the same meaning as in Sections 3100 and 3106 of the Civil Code, except . ,. r that "public work" does not include any
Regents of the University of California.
a Revised 07/29/02
work or improvement contracted for by the state or the
Contract No. 3839 Page 49 of 86 Pages
I
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
201 04.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
Revised 07/29/02 Contract No. 3839 Page 50 of 86 Pages
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 11 41.1 0) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
except as otherwise provided in the contract. -
SECTION 4 - CONTROL OF MATERIALS
- 4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
a Revised 07/29/02 Contract No. 3839 Page 51 of 86 Pages
c
.-
4-1.4 Test of Materials,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
Revised 07/29/02 Contract No. 3839 Page 52 of 86 Pages
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate.on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
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5-6 COOPERATION.
Add the following:
Contractor will notify utility companies prior to performing work near a utility.
All existing utilities in the area of the work shall be protected in place. The
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed".
-
- Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
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Revised 07/29/02 Contract No. 3839 Page 53 of 86 Pages
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of
the notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as “Accepted, Accepted with Comments, or Not Accepted.”
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” for the schedule in accordance with section 6-1.8.2. The Contractor may proceed with the project work, and will receive payment
Revised 07/29/02 Contract No. 3839 Page 54 of 86 Pages
I
Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1.8 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
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6-2 PROSECUTION OF WORK.
Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications.
6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
Modify as follows:
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within thirty (30) working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:30 a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Approved Traffic Control Plans shall take precedence over this section in regards to hours of work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, times, and/or types of work prohibited in this section or the Traffic Control Plan.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work.
Revised 07/29/02 Contract No. 3839 Page 56 of 86 Pages
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Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of five hundred dollars ($500).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
c 7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. -. I
Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
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- 7-7 COOPERATION AND COLLATERAL WORK.
Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay.
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@ Revised 07/29/02 Contract No.'3839 Page 57 of 86 Pages
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7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit
number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity.”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. --
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to trash pickup and mail delivery. The Contractor shall not schedule work so as to conflict with trash DickuD. The trash haulina schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Minagernent at 929-941 7.
During construction operations, the Contractor’s schedule shall be designed to provide residents and business owners in the area of construction sufficient paved parking within a 500-foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
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For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer ...................................................................................... (760) 602-2780
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97
3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 602-2757
7) Coast Waste Management ................................................................ (760) 929-9400
6) North County Transit District .............................................................. (760) 967-2828
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's
written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing any
traffic control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty five dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
21 4-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 21 4-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water
Revised 07/29/02 Contract No. 3839 Page 59 of 86 Pages
borne conforming to section 21 0-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in
Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the
option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If
illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they
shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard
Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s
employees shall not be parked within the traveled way, including any section closed to public traffic.
Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a
traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators
placed on a taper in advance of the parked vehicles or equipment and along the edge of the
pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as
required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be
placed where directed by the Engineer.
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Add the following section:
7-1 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than (insert minimum
acceptable lateral safety buffer distance, eg. 1.8 m (6’)), nor operate equipment within 0.6 m (2’) from
any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance,
eg. 0.6 m (2’)) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent
traffic lane or provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than 12’ wide, shall be
open for use by public traffic in each direction of travel.
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- Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic
lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety. -
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When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way.
Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan.
Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
I
- Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until -- - superseded or replaced with permanent pavement delineation.
.-
Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.
Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California.
a Revised 07/29/02 Contract No. 3839 Page 61 of 86 Pages
The Engineer shall be the sole judge of the suitability and quality of any such modifications,
supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered professional
engineer retained by the Contractor will be beneficial to the best interests of the Agency.
Such modification, addition, supplement, and/or new design shall not be implemented and no work
shall be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-1 0.3.7 Payment.
The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum
price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging
costs), materials (including signs), tools, equipment and incidentals, and for doing all the work
involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic
stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to
new locations, replacing, and disposing of the components of the traffic control system as shown on
the plans and approved additions and modifications, as specified in these supplemental provisions,
and as directed by the Engineer. All expenses and time to prepare and review modifications,
additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic
control and no additional payment will be made therefor. Flagging costs will be paid for as a part of
the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete
barriers will be paid as an incidental to the work being performed and no additional payment will be
made therefor. Progress payments for "Traffic Control" will be based on the percentage of the
improvement work completed.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
e Revised 07/29/02 Contract No. 3839 Page 62 of 86 Pages
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
Revised 07/29/02 Contract No. 3839 Page 63 of 86 Pages
-
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
cause for denying payment for the disputed items.
__
-
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the -_ basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
__
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
-
-
The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. -
Remove Section 9-3.4 Mobilization and replace with the following:
9-3.4 BID ITEM DESCRIPTIONS.
9-3.4.1 PREPARATION OF RECORD DRAWINGS (No Bid Item)
The Contractor is required to prepare and submit Record Drawings for all construction
work completed on this project by the Contractor and/or hidher subcontractors.
The Contractor shall keep onsite a clean copy of the project plans specifically for the
purposes of creating record drawings for this project. The Contractor shall update this
set of plans daily using a red pencil or pen indicating all work not performed as
indicated in the contract documents. Upon completion of the project and prior to final
acceptance of the project by the City of Carlsbad, the Contractor shall submit this
record set of drawings to the City for review. Upon approval of the redlined plans by
the City, the Contractor shall transfer this record information to the original project
mylars on file with the engineer of record. The Contractor shall revise the original
mylars by erasing all “modified” work (per approved redlines) and adding all revised
work using permanent ink suitable for mylars. Submittal of the record drawing mylars
to the City shall be done prior to final acceptance of the project by the City.
A.
I
a Revised 07/29/02 Contract No. 3839 Page 64 of 86 Pages
6.
9-3.4.2
A.
9-3.4.3
A
B
9-3.4.4
A ,- -
_- 9-3.4.5
A
B
C
All labor, materials, equipment, and other incidentals required for the completion of
the record drawings shall be considered as incidental to the work and no additional
compensation shall be made.
DEMOLITION AND SALVAGE (No Bid Item)
Unless specified as a bid item, all demolition and/or salvage work necessary for this
project shall be considered incidental to the work and no additional payment will be
made, There shall be no additional compensation for any other required demolition
and/or salvage.
MOBILIZATION & DEMOBILIZATION. (Bid Item 1)
Payment for Mobilization and Demobilization, which shall include cleanup, shall be
made at the contract lump sum price listed in the Bid Schedule under Bid Item 1
complete and in accordance with these Contract Documents. No additional
compensation shall be made.
Mobilization includes: (1 ) Obtaining all permits, insurances and bonds necessary for
performing the work, (2) Furnishing all labor, equipment, material and supplies for the
prosecution of the work, but which are not incorporated in the work and (3)
Construction of temporary yards, development of disposal areas, obtaining
construction water meter, and other construction facilities. Demobilization includes:
1) Removal of all temporary facilities from the site that did not exist prior to
excavations and clean-up of all debris and disposal offsite and (2) Contract closeout.
TRAFFIC CONTROL. (Bid Item 2)
Payment for Traffic Control shall be made at the contract lump sum price listed in the
Bid Schedule under Bid Item 2, complete and in accordance with these Contract
Documents.
The full width of the traveled way shall be open to public traffic when construction
operations are not actively in progress. Fire and emergency vehicle access shall be
maintained at all times. All driveways shall be kept free and clear of obstructions.
Individual property owners shall be allowed access to their respective properties at all
times. Access for deliveries to existing residences shall be maintained at all times.
INSTALL AND MAINTAIN EROSION CONTROL. (Bid Item 3)
Payment for installation and maintenance of erosion control under this Bid Item shall
be based upon the actual quantity,'lump sum, listed in the Bid Schedule under Bid
Item 3, complete and in accordance with these Contract Documents.
Payment for installation and maintenance of erosion control shall constitute full
compensation for installing and maintaining such erosion control in accordance with
the below-mentioned Best Management Practices Plan (BMPP), including labor and
materials, installation of erosion control measures, maintenance of erosion control
measures, and preparation of a BMPP for this work, complete in place for the unit
price.
Install and maintain erosion control shall conform to the Contractor-prepared Best
Management Practices Plan (BMPP). Contractor shall prepare a Best Management
Practices Plan (BMPP) for this project in accordance with City of Carlsbad Guidelines,
Regional Water Quality Control Board, and Caltrans Storm Water Quality Handbooks-
Construction Site Best Management Practices Manual with the following changes:
a Revised 07/29/02 Contract No. 3839 Page 65 of 86 Pages
MODIFICATIONS TO THE CALTRANS CONSTRUCTION SITE
BEST MANAGEMENT PRACTICES (BMPs) MANUAL
Modifications to the Construction Site Best Manaqement Practices:
Delete all references to Resident Engineer (RE) and replace with Engineer (E)
Replace all references to Section 7-1.1 3 of the Standard Specifications and replace with Section 7-
10.2 and 300-1.3 of the Standard Specifications for Public Works Construction (SSPWC).
Replace all references to Section 7-10 of the Standard Specifications and replace with Section 7-
8.1 of the Standard Specifications for Public Works Construction (SSPWC).
Replace all references to Section 15-1.02 of the Standard Specifications and replace with Section 7-
9 of the Standard Specifications for Public Works Construction (SSPWC).
Replace all references to Section 15-3.02 of the Standard Specifications and replace with Section
300-1.3 of the Standard Specifications for Public Works Construction (SSPWC).
- Delete all references to highway.
SS-1: Delete any reference to seeding and revegetation.
SC-5: Add the following to Appropriate Applications
May be used for inlet protection
Replace the following under Removal
Fiber rolls will not be left in place.
--
-
Delete “If fiber rolls removed” and replace with “After fiber roll removal”
SC-10: Delete all references to sandbags and replace with gravel bags.
SS-2: Delete reference to Environmentally Sensitive Areas (ESAs) and replace with
Environmentally Sensitive Habitat Areas (ESHAs).
NS-2: Reporting: Replace District Storm Water coordinator with Environmental Programs
Manager.
WM-8: Temporary Concrete Washout Facility (Type Above Grade). Delete reference to Section 12-
3.04 “Portable delineators and replace with Flexible base glue down delineators and shall
meet the following specifications:
Post:
W M-1 0: Appropriate applications: Add the following:
Flushing of pipelines
All pipeline flushing shall be into a desiltation basin. Contractor shall supply method to
remove HDPE shaving that may be in the pipe prior to discharge from the basin and provide a
method to remove shavings from the basin.
a Revised 07/29/02 Contract No. 3839 Page 66 of 86 Pages
-
The BMPP shall be submitted to the City Engineer for review and approval prior to
construction activities onsite. Contractor shall maintain a working copy of the approved BMPP onsite at all times and shall be solely responsible for all fines and/or penalties resulting from
his work on this project. No additional compensation shall be made.
Quantity listed in Bid Item 3 is based on one (1) lump sum. No contract time extensions shall
be allowed for shutdowns due to erosion control and/or water quality issues.
9-3.4.6 REMOVE EXISTING ASPHALTIC CONCRETE PAVING AND BASE. (Bid Item 4)
-
-
A Payment for removal of existing asphalt concrete, paving and base shall be based - upon the actual quantity, in square feet, complete and in accordance with these
Contract Documents.
Payment for removal of existing asphalt concrete, paving and base shall constitute full
compensation for removal of the existing asphalt concrete, paving, and base,
including saw-cutting of existing asphalt, removal of existing asphalt, excavation and
removal of existing material to a firm sub-grade, and disposal of excess excavated
material complete in place for the unit price.
Quantity listed in Bid Item 4 is based on a total removal area of 875 square feet at a
removal depth of seventeen (1 7) inches.
Payment for removal of existing PCC concrete driveway shall be based upon the
actual quantity, in square feet, complete and in accordance with these Contract
Documents.
compensation for removal of the existing PCC concrete driveway, including
saw-cutting of existing asphalt and/or concrete as necessary for a smooth line,
a firm sub-grade, and disposal of all removal items complete in place for the unit price.
Quantity listed in Bid Item 5 is based on a removal of 70 square feet.
B
C
9-3.4.7 REMOVE EXISTING PCC CONCRETE DRIVEWAY. (Bid Item 5)
A
B Payment for removal of existing PCC concrete driveway shall constitute full --
removal of existing concrete driveway, excavation and removal of existing material to --
C
_- 9-3.4.8 REMOVE EXISTING ASPHALT CONCRETE DIKE. (Bid Item 6)
A
B
Payment for removal of existing asphalt berm shall be based upon the actual quantity,
in lineal feet, complete and in accordance with these Contract Documents.
Payment for removal of existing asphalt berm shall constitute full compensation for
removal of the existing asphalt berm, including saw-cutting of existing asphalt and/or
concrete as necessary for a smooth line, removal of existing asphalt berm, excavation
and removal of existing material to a firm sub-grade, and disposal of all removal items
complete in place for the unit price.
Quantity listed in Bid Item 7 is based on a removal of 50 lineal feet.
9-3.4.9 INSTALL 18” RCP (2000-D). (Bid Item 7)
Payment for installation of 18 RCP (2000-D) under this Bid Item shall be based upon
the actual quantity, in lineal feet, complete and in accordance with these Contract
Documents.
C
A
@ Revised 07/29/02 Contract No. 3839 Page 67 of 86 Pages
.- I
B Payment for installation of 18” RCP (2000-D) shall constitute full compensation for
constructing such 18 RCP (2000-D), including labor and materials, sawcutting of
existing concrete and/or asphalt, removal and disposal of existing concrete and/or
asphalt, excavation, bedding and backfill, base (material, placement and compaction),
compaction, trench repair including asphalt paving, and disposal of excess excavated
material, complete in place for the unit price. No additional compensation shall be
made.
18’ RCP pipe shall be reinforced concrete pipe, 2000-D, minimum.
Quantity listed in Bid Item 7 is based on 126 lineal feet.
C
D
9-3.4.10 INSTALL TYPE C INLET. (Bid Item 8)
A
B
Payment for installation of Type C inlet under this Bid Item shall be based upon the
actual quantity, each, complete and in accordance with these Contract Documents.
Payment for install Type C inlet shall constitute full compensation for installing Type C
inlet, including providing all labor and materials, excavation for Type C inlet,
installation, backfill and compaction adjacent to Type C inlet, protection of work and
cleanup complete in place for the unit price. No additional compensation shall be
made.
Install Type C inlet shall conform to the line and grade indicated in the construction
documents. The Type C inlet shall conform to the requirements of the “San Diego
Regional Standard Drawings”, Drawing D-3 and associated drawings, modified as
indicated on the plans.
Quantity listed in Bid Item 8 is based on one (1) each.
C
D
9-3.4.1 1 INSTALL TYPE A-4 CLEANOUT. (Bid Item 9)
A Payment for installation of Type A-4 cleanout under this Bid Item shall be based upon
the actual quantity, each, complete and in accordance with these Contract
Documents.
Payment for install Type A-4 cleanout shall constitute full compensation for installing
Type A-4 cleanout, including providing all labor and materials, excavation for Type A-4
cleanout, installation, backfill and compaction adjacent to Type A-4 cleanout,
protection of work and cleanup complete in place for the unit price. No additional
compensation shall be made.
Install Type A-4 cleanout shall conform to the line and grade indicated in the
construction documents. The Type A-4 shall conform to the requirements of the
“San Diego Regional Standard Drawings”, Drawing D-9 and associated drawings.
Quantity listed in Bid Item 9 is based on one (1) each.
B
C
D
9-3.4.12 INSTALL TYPE G CURB AND GUTTER. (Bid Item 10)
A Payment for installation of Type G curb and gutter curb under this Bid Item shall be
based upon the actual quantity, in lineal feet, complete and in accordance with these
Contract Documents.
Payment for construction of Type G curb and gutter shall constitute full compensation
for constructing such curb and gutter, including labor and materials, excavation,
sub-base preparation, base (material, placement and compaction), forming and form
stripping, and disposal of excess excavated material complete in place for the unit
price. No additional compensation shall be made.
B
Revised 07/29/02 Contract No. 3839 Page 68 of 86 Pages
C Type G curb and gutter shall conform to Drawing G-2 of the “San Diego Regional
Standard Drawings” and City of Carlsbad Standards, modified as indicated on the
plans.
Quantity listed in Bid Item 10 is based on 10 lineal feet. D
9-3.4.1 3 INSTALL 6” TYPE-A ASPHALT CONCRETE DIKE. (Bid Item 11)
A Payment for installation of 6’’ Type A asphalt concrete berm under this Bid Item shall
be based upon the actual quantity, in lineal feet, complete and in accordance with
these Contract Documents.
Payment for installation of 6” Type A asphalt concrete berm shall constitute full
compensation for constructing such 6” Type A asphalt concrete berm, including labor
and materials, excavation, sub-base preparation, base (material, placement and
compaction), forming and form stripping, and disposal of excess excavated material
complete in place for the unit price. No additional compensation shall be made.
6 Type A asphalt concrete berm shall conform to Drawing G-5 of the “San Diego
Regional Standard Drawings” as modified by the plans and City of Carlsbad
Standards.
Quantity listed in Bid Item 11 is based on 50 lineal feet.
B
C
D
9-3.4.14 INSTALL 5” ASPHALT CONCRETE PAVING OVER 12” OF CRUSHED AGGREGATE
BASE. (Bid Item 12)
A Payment for installation of 5” asphalt concrete paving over 12” of crushed aggregate
base shall be based upon the actual quantity, square feet, listed in the Bid Schedule
under Bid Item 12, complete and in accordance with these Contract Documents.
Payment for installation of 5” asphalt concrete paving over 12” of crushed aggregate
base shall constitute full compensation for providing all labor, materials, tools,
equipment, and related incidentals necessary for doing all the work to complete this
Bid Item. Payment will be based on the bid unit price per square foot and will be made
upon 100 percent completion of Bid Item 12. No additional payment shall be made.
Installation of 5” asphalt concrete paving over 12 of crushed aggregate base shall
conform to Section 203-6 of the Standard Specifications for Public Works
Construction as modified by the Contract Documents. Trench repair beyond the
asphalt removal limits indicated in the construction documents shall be in accordance
with Type A, Standard Drawing G-24.
Crushed aggregate base, the product of crushing rock or gravel, shall consist entirely
of crushed rock and rock dust and shall conform to the requirements of Section 200-
1.2 and 200-2.2 of the Standard Specifications as modified by the Contract
Documents.
The crushed aggregate base shall be free of deleterious matter as specified in the
quality requirements, Section 200-2.2.3 and of such nature that the product can be
compacted readily under watering and rolling to form a firm stable base. The aggregate shall be uniformly graded and shall conform to the following gradation: ?4
inch maximum dimension; 20 to 50 percent 318 to % inch diameter less than 2 to 9 percent fines; and the balance sand and fine gravel between 318 inch and larger than
fines. The specific gradation is specified in Table 200-2.2.2. of the Standard
Specifications.
Quantity listed in Bid Item 12 is based on 875 square feet.
B
C
D
E
F
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-
9-3.4.1 5 INSTALL 6” CONCRETE DRIVEWAY. (Bid Item 13) - A Payment for installation of 6 PCC driveway under this Bid Item shall be based upon
the actual quantity, in square feet, complete and in accordance with these Contract
Documents.
Payment for installation of 6’’ PCC driveway shall constitute full compensation for
constructing such 6 concrete driveway, including labor and materials, excavation,
sub-base preparation, base (material, placement and compaction), forming and form
stripping, and disposal of excess excavated material, complete in place for the unit
price. No additional Compensation shall be made.
6’’ PCC driveway shall conform to Drawing G-14 and associated drawings of the
“San Diego Regional Standard Drawings” and City of Carlsbad Standards.
Quantity listed in Bid Item 13 is based on 70 square feet.
-
B
C
D
9-3.4.16 REMOVE AND RELOCATE EXISTING MAILBOX. (Bid Item 14)
A
B
Payment for remove and relocate existing mailbox shall be based upon the actual
quantity, each, complete and in accordance with these Contract Documents.
Payment for remove and relocate existing mailbox shall constitute full compensation
for remove and relocate existing mailbox, including removal of existing mailbox and
appurtenances, and relocation of existing mailbox with concrete footing in accordance
with U.S. Postal requirements complete in place for the unit price.
Quantity listed in Bid Item 14 is based on a removal and relocation of one (1) each.
-I
_-
C
9-3.4.17 ADJUST WATER SERVICE. (Bid Item 15) - -
A
B
Payment for adjusting water service under this Bid Item shall be based upon the
actual quantity, each, complete and in accordance with these Contract Documents.
Payment for adjusting water service shall constitute full compensation for adjusting
said water service to provide adequate clearance for installation of the new 18” RCP
storm drain and curb inlet, including labor and materials, sawcutting of existing
concrete and/or asphalt, removal and disposal of existing concrete and/or asphalt,
excavation, adjusting and/or replacing the existing water service to provide adequate
clearance, bedding and backfill, base (material, placement and compaction),
compaction, trench repair including asphalt paving, and disposal of excess excavated
material as shown or called for complete in place for the unit price. No additional
compensation shall be made.
Quantity listed in Bid Item 15 is based on one (1) each.
The removal and replacement of asphalt and/or concrete pavement, curb and gutter,
fencing, landscaping, vegetation, pavement striping, signs, utilities, and other existing
improvements shall be in accordance with the City of Carlsbad Standards. Where not
specifically provided, payment for the removal and replacement of existing
improvements shall be incorporated into the cost of the work for which the removal
and replacement is being performed. No additional compensation shall be made.
C
9-3.4.1 8 REMOVAL AND REPLACEMENT OF EXISTING IMPROVEMENTS. (No Bid Item)
A
7 e Revised 07/29/02 Contract No. 3839 Page 70 of 86 Pages
-.
9-3.4.1 9 PERFORM EXPLORATORY EXCAVATIONS AT UTILITY CROSSINGS (No Bid Item)
The contractor is responsible for verifying the horizontal and vertical location of all
existing underground facilities. Contractor shall arrange for all underground utility
mark outs and potholing potential conflict areas prior to commencing work in the area.
Payment for performing exploratory excavations at all underground utility crossings
shall be included in each bid item. There will be no separate payment for this item.
__ A
9-3.4.20 UTILITY BACKFILL REQUIREMENTS
STREET PAVEMENT AREAS. -
The top 17 Inches shall be a constructed from 12 inches crushed aggregate base
compacted to 95 percent relative compaction finished with 5 inches of asphalt
DRIVEWAY AREAS.
4 inches of Crushed
Aggregate Base compacted to 95 percent relative compaction and finished with 6
inches of Portland Cement Concrete to match existing sidewalk and driveway.
concrete paving to match existing street.
The top 10 inches shall be composed of the following:
-_
--
Revised 07/29/02 Contract No. 3839 Page 71 of 86 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Aggregate base shall be Class 2 Aggregate Base per
Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A
Class 2 Aggregate Base and as specified herein.
Add the following:
Add the following section:
200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted
readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. The amount of reclaimed material shall not
exceed 50 percent of the total volume of the aggregate used.
Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's
written approval.
AGGREGATE GRADING REQUIREMENTS
Percentage Passing
1 V2' Maximum 3/4" Maximum
Operating Sieve Sizes Range 2" .................................. 100 1 112y ............................. 90-1 00
1' ..................................
314" ............................... 50-85 No. 4 ............................. 25-45 No. 30 ........................... 10-25 No. 200 ........................ 2-9
-
Operating
Range - -
100 90-1 00
35-60 10-30 2-9
QUALITY REQUIREMENTS
Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min.
Operating
The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed.
Revised 07/29/02 Contract No. 3839 Page 72 of 86 Pages
-. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day’s work may not be started until tests, or other information, indicate to the satisfaction of the
Engineer that the next material to be used in the work will comply with the requirements specified for
“Operating Range.”
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Contract Compliance,” the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that
may become due, the Contractor under the contract. If both the aggregate grading and Sand
Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall
apply.
Type of Construction
All Concrete Used Within the Right-of-way
Trench Backfill Slurry
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or
one day’s production, whichever is smaller.
Concrete Maximum
Class Slump mm (Inches)
(2) -_ 330-C-23
(560-C-3250) (’)
(1 90-E-400)
(560-C-3250)
1 15-E-3 200 (8”)
~. 330-C-23 100 (4”)
350-C-27 100 (4”) (590-C-3750) -
31 0-C-17 per Table 300-1 1.3.1
(520-C-25OOP)
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-112
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504. -_
Revised 07/29/02 Contract No. 3839 Page 73 of 86 Pages
- - SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE --
203-6.1 General. Add the following: The Contractor shall submit a design mix report and
verification data for review by the Engineer for each source of supply and type of mixture specified.
The design mix report shall indicate the results of all testing requirements identified in sections
203-1.2 and 203-6.3 of the standard specifications for public works construction and these special
provisions.
a-
-
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface
course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and
class E-AR-8000 ditches.
203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be
determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or
by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that
confirms the production of a particular mix design and verifies using samples of aggregate taken
before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with
Calif. Test 125. c
When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size
samples shall be taken to ensure representative and adequate quantity of material for:
1. Asphalt Content and Gradation by Extraction using Calif. Test 382 or ASTM 21 72, and Calif.
Test 202
2. Stability’ using:
_I._
-
a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual
Stabilometer Values
And / or
Marshall Stability in accordance with the Asphalt Institute’s MS-2 fabricated and tested
for traffic volume and shall be the average of three specimens.
b.
1. Stability will be waived provided the extracted asphalt binder content is within +\- 0.5 percent of mix design based on the weight of the dry aggregate, and the extracted gradation complies with Table 203-6.3.2 (A).
2. Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +\- 4.
When using core sample analysis, the samples must be properly prepared to safeguard against
influx of outside contaminants so that the cut surfaces do not influence the test results.
c
Revised 07/29/02 Contract No. 3839 Page 74 of 86 Pages
-
203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in
conformance with the mix design when the asphalt binder content is within +\- 0.5 percent of mix
design based on the weight of the dry aggregate and the gradation conforms to the grading as
shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the
mix design provided the stability of the completed mix complies with the requirements for
Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2.
Plant inspected asphalt concrete will be will be considered in conformance with the mix design when
visually inspected and the combined gradation of the Bin samples show conformance to the grading
as shown in Table 203-6.3.2 (A).
203-6.6.2, Batch Plant Method, Modify as follows: Third paragraph, last sentence, delete "and from
the Engineer's field laboratory".
203-6.7 Asphalt Concrete Storage. Add the following: Any asphalt concrete stored in excess of 2
hours shall not be used in the work.
-.
65 - 85
3.45 MPa, minimum
400%, minimum
No cracks
Slight chalking
- Add the following section:
203-1 1 ASPHALT PAVEMENT CRACK SEALANTS
25°C @I 50% relative humidity
pulled at 508 mm (20) per
minute -
pulled at 508 mm (20") per
minute
over 13 mm ('12))) Mandrel __
Cured 7 days at 25°C @I
-- 203-1 1.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a
composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric
sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended
by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that
has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable
for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the -- performance characteristics in Table 203-1 1 (A). -
3.45 MPa, minimum
TABLE 203-1 1.1 (A)
50% relative humidity -_ 5% NaCI, Die C, Dulled at
Property
tensile; 400% minimum
Elongation
Less than 25% change
~~ Hardness
(indentation)
Tensile
Strength
Elongation
508 mm (20") pe; minute
over a temperature range of _.
Flex at -40°C
Weathering
Resistance
Salt-Spray
Resistance
Dielectric
Constant
ELASTOMERIC
Measuring Standard
(ASTM Designation)
ASTM D 2240 Rex.
Type A, Model 1700
ASTM D 412 Die C,
ASTM D 412 Die C,
0.6 mm (25 mil) Free
Film Bend (180")
ASTM D 822
Weatherometer 350 h
ASTM B 11 7 28 days
at 38°C
ASTM D 150
e Revised 07/29/02
iEALANT CHARACTERISTICS
Results Conditions I ..
Contract No. 3839 Page 75 of 86 Pages
--
_I
Cone Penetration
Flow, 60°C
Resilience
Softening Point,
Ductility,
Flash Point, COC, "C
Viscosity, Brookfield
Thermosel,
203-1 1.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of
California Specification 8040-41 A-15 and shall be used only for filling slots in asphalt concrete
pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where
the slope causes the material to run from the slot. The material shall not be thinned in excess of
the manufacturer's recommendations and shall not be placed when the air temperature is less
than 7°C (45°F).
Designation)
ASTM D 3407, Sec. 5
ASTM D 3407, Sec. 6
,ASTM D 3407, Sec. 8 25%, min. 25°C
ASTM D 36
ASTM D 113 300 mm, min. 25"C, 50 mdmin
ASTM D 92
ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, 20
3.5 mm, max.
5 mm, max.
82 "C, min.
288 "C, min.
25"C, 150 g, 5 s
rpm, 190°C,
203-11.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid
form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C
(400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both
asphalt concrete and portland cement concrete. Performance characteristics of the cured
hot-melt rubberized asphalt shall be as per Table 203-1 1.3(A).
TABLE 203-1 1.3(A)
CURED HOT-MELT RUBBERIZED ASPHALT
Property I Measuring Standard (ASTM I Results I Conditions
SECTION 207 - PIPE
- 207-2 REINFORCED CONCRETE PIPE.
207-2.1 General. Add the following to the end of the second paragraph: All reinforced concrete pipe
shall be 2000-D, unless noted otherwise. _.
207-2.5 Joints. Add the following: Watertight joints are required and shall be of the rubber-gasketed
type meeting the requirements of ASTM Standard Specification designations C 361-95 and C
443-94.
--
- Add the following section:
207-25 UNDERGROUND UTILITY MARKING TAPE.
- Add the following section:
207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility
Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a
35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing
shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable
Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and
.. .
207-25 (B). --
e
@ Revised 07/29/02 Contract No. 3839 Page 76 of 86 Pages
Bottom layer
Adhesives
Bond strength
Colors
Manufacturing specifications Virgin LDPE
Manufacturing specifications
Boiling H20 at 100 degrees Celsius
APWA Code
>30 percent, solid 1 S#/R
Five hours without peel
See Table 207-25.1 (BI
Yellow 1 Gas and oil distribution and transmission. danaerous materials. Droduct and steam.
Color
Red
Orange I Telephone and telegraph systems, police and fire communications, and cable television. Blue I Water svstems. - -_
Utility Marked
Electric Dower. distribution. transmission. and municbal electric svstems.
Green 1 Sanitarv and storm sewer svstems. nomotable.
Brown 1 Forcemains. Purple I Reclaimed water lines. -1
Add the following section:
207-25.2 Materials Approvals.
requirements of each of the following agency/association publications.
Detectable Underground Utility Marking Tape shall meet the
A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety.
USAS code for pressure piping B31.8, paragraph 192.321 (e).
6. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage
to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid -
petroleum pipelines - APR RP 1109.
D. General Services Administration, Washington, DC, Public Buildings Service Guide
Specification for Mechanical and Electrical Equipment - PBS 4-1 501 , Amendment 2, Page
501-14, Paragraph 18, Subparagraph 18.1 , Clause 18.1 .l.
E. Rural Electrification Authority (REA), US. Department of Agriculture, Washington, DC, National
Electrical Safety Code for Underground Construction for remote and immediate hazards.
-
Revised 07/29/02 Contract No. 3839 Page 77 of 86 Pages
e
and 3 m (10’) Post Spacing
Fencina Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire
SECTION 21 3 - ENGINEERING FABRICS
200w s
21 3-2 GEOTEXTILES.
213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in
Table 21 3-2.1 (A)
Table 21 3-2.1 (A)
GEOTEXTILE APPLICATIONS
Protection Fabric for Rock Sizes Including and Above 225
Add the following section:
213-3 EROSION CONTROL SPECIALTIES.
Add the following section:
213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled
with no less than 23kg (50 Ibs) of 19 mm (3/411) crushed rock and securely tied closed. Plastic bags
are not acceptable.
a Revised 07/29/02 Contract No. 3839 Page 78 of 86 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION M'ETHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. add the following to the third paragraph: During surface clearing operations, the
Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor
cannot successfully separate the plant growth from the surface soil and advertently or inadvertently
mixes organic or other objectionable materials with the soil, the soil so contaminated shall be
removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed
with organic or other objectionable materials and importing soil to replace said contaminated soil
shall be borne by the Contractor and no additional payment therefore shall be made to the
Contractor.
300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and
grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences,
asphalt concrete and aggregate base, concrete curb and gutter, ooncrete sidewalk, concrete
driveways, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which
interfere with the work. Whether or not such items are shown on the plans they shall be removed as
a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the
plans and designated to be removed shall be removed by the Contractor as a part of clearing and
grubbing.
-
300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be included in Bid
Items 1 through 15, and no other payments will be made. Unless otherwise noted on plans, the
Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and
pipelines and conduits of any type, or use, that are abandoned during the course of the work and
shall replace said pipelines and conduits with properly compacted soils. Payment for removal and
disposal of abandoned utilities shall be included in Bid Items 1 through 15, and no additional
payment will be made.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of
suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of
storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for
clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil,
salvaging clean excavated material and filling areas to the required grades and cross section.
Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified
excavation shall also include scarification and moisture adjustment and compaction of the top 300
mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland
mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil
area acquired by the Contractor and pumping and disposal of storm and ground water. -
-
Revised 07/29/02 Contract No. 3839 Page 79 of 86 Pages
__ __ _- ~- ~
--
300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not
limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. -
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus
material from the project. The Contractor shall utilize highway legal haul trucks for this export of
material from the project site and to a site secured by the Contractor. No earth moving equipment or
special construction equipment, as defined in section 565 of the California Vehicle Code, will be
allowed for hauling material on public streets.
300-2.9 Payment. substitute the following: Payment for Unclassified Excavation will be included the unit prices bid in Bid Items 1 through 15, and no additional payment will be made. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity
reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of
compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents.
-
-
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: -_
300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. -
Add the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control
conforming to the requirements shown on the plans, as specified herein, and as elsewhere required
by the Contract Documents. Erosion control and water pollution control shall include the work
specified herein, and such additional measures, as may be directed by the Engineer, to meet Best
Management Practices, as defined herein, and to properly control erosion and storm water damage
of the limits of work and construction impacts upon areas receiving drainage flows from within the
limits of work.
Add the following section: -. .
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or
cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within
the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt
fences, stabilized construction entrances and similar measures, coordinated with its construction
procedures, as necessary and as shown on the plans to control on site and off site erosion during the
construction period. The Contractor will be required to protect areas which have been cleared and
grubbed prior to excavation or embankment operations, and which are subject to runoff during the
duration of the contract. The criteria used to determine the appropriate erosion control measures
Storm Water Best Management Handbook, Construction Activity", March 1993 as published by the
Storm Water Quality Task Force. The Contractor shall maintain a copy of the "California Storm
Water Best Management Handbook, Construction Activity", March 1993 edition on the project site
and shall conduct its operations in conformity to said Handbook.
shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "California -
Temporary erosion control measures provided by the Contractor shall include, but not be limited to,
a) Embankment areas, while being brought up to grade and during periods of completion prior to
final roadbed construction, shall be graded so as to direct runoff into impoundment areas within
the limits of work where such runoff shall have pollutants removed by BMP methods.
the following: -
Contract No. 3839
~~
e Revised 07/29/02
_____~ ~~~~~
Page 80 of 86 Pages
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited
to: temporary down drains, either in the form of pipes or paved ditches with protected outfall
berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff;
confined ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting
siltation of downstream facilities and adjacent areas by the use of BMP measures. These
measures shall include, but shall not be limited to, methods shown on the plans and described
herein.
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control,
conforming to the operational requirements herein, best management practices, and conforming to
the requirements of the Federal Water Pollution Control Act, including the latest amendments
thereto, is included as a separate bid item and no additional compensation will be allowed therefore.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND
_- PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION. - 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change
each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”.
_-
- 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The
Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have
base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway
or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by
ASTM test D-1557-91.
301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be
included in the contract bid price for which the subgrade is prepared and shall include all labor,
materials; including water, operations and equipment to scarify, adjust moisture, compact or
recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be
allowed.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the
paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be
applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall
be shown in the schedule required per section 6-1.
302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and
termini to all structures and vertical joints in the cold-milled area which are transverse to through
constructed the same day as cold milling and removed the same day as permanent paving. Ramp
dimensions and compaction shall be as approved by the Engineer.
- traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be
Revised 07/29/02 Contract No. 3839 Page 81 of 86 Pages
302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the
successive interfaces of existing pavement and new pavement when, in the opinion of the engineer,
the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt
receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the
new pavement course is dirty enough to impair bonding between the next lift of asphalt.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at
the unit price bid per square foot in accordance with Bid Item 12. No additional payment shall be
made for any tack coat.
Add the following section:
302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION
Add the following section.
302-9.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and
restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting,
removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction
of existing subgrade in conformance with section 301 -1, grading and compaction of base material in
conformance with section 301 -2, application of grade SS-1 h emulsified asphalt and the placement of
asphalt concrete base and wearing courses as specified herein
Add the following section.
302-9.3 Crack Sealing. The Contractor shall wash, blow out and thoroughly dry all cracks
designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose
debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and
Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type
melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application
of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be
applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt
sealant shall be delivered to the job-site in unopened containers that are clearly marked with data
showing the manufacturer’s name, the product designation and the manufacturer’s batch number
and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement.
All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement.
-
Add the following section.
302-9.4. Measurement and Payment. Full compensation for conforming to the requirements of
crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and
incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant,
removal of excess sealant and all other work incidental to crack sealing shall be considered as
included in the contract unit prices bid in Bid Items 1 through 15 and no additional compensation will
be allowed.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-1 CONCRETE STRUCTURES
303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing
necessary to withstand all imposed loads during erection, construction, and removal of any
falsework. The Contractor shall provide falsework drawings and calculations prepared by a
registered professional engineer, civil or structural, that show provisions for resolution of all loads
that may be imposed upon the falsework. Such plans and calculations shall include:
-
I
Revised 07/29/02 Contract No. 3839 Page 82 of 86 Pages
1.
.- Type of underground facilities
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve --
2.
Marking
W
S
RW
3.
4.
5. -
Resolution of all live, dead, wind,
falsework.
Temporary bracing or methods to
falsework.
Concrete placement sequence.
Erection and removal seauence.
construction and impact loads that may be imposed on the
be used during each phase of erection and removal of the
Deflection values for the falsework that include recommended methods to compensate for
falsework deflections, vertical alignment, and anticipated falsework deflection.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3”) high
block letters directly above the point that it is crossed by underground facilities with the marking
specified in Table 303-5.5.2(A)
TABLE 303-5.5.2(A)
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be
considered as continuing across driveways and access ramps when constructed adjacent thereto.
Neither curb and gutter nor curb will be paid for across the length of local depressions, except that
which occurs in gutter transitions at each side of an inlet.
- -_ -
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS
Add the following section:
306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel
plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate
that does not meet the requirements of this section both in application and circumstance of use.
Add the following section:
306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel
plate bridging shall be used by the Contractor unless otherwise approved by the Engineer.
It is recognized that to accommodate excavation work, steel plate bridging may be necessary.
All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as
conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the
review process will take into account the following factors:
1. Traffic volume and composition.
2. Duration of use of the steel plate bridging.
3. size of the proposed excavation.
3. Weather conditions.
a Revised 07/29/02 Contract No. 3839 Page 83 of 86 Pages
The following formula shall be used to score the permitted use of steel plate bridging:
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (krnhl+ SLOPE X 1001 X LANES
1000 8
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (rnDhl+ SLOPE X 1001 X LANES
1000 5
where: PS -
ADT -
EWL -
DAYS -
WEEKEND =
NIGHTS =
- - - -
WEATHER =
SPEED - -
- SLOPE -
- LANES -
plate score. average daily traffic as defined in the CALTRANS Traffic Manual.
equivalent wheel loads as defined in the CALTRANS Traffic Manual.
total number of 24 hour periods during which the plates will be utilized at the site
being considered.
total number of Saturdays, Sundays and holidays that the plates will be utilized
at the site being considered.
total number of overnight periods that the plates will be in place, exclusive of
Saturday, Sunday and holiday nights.
total number of 24-hour periods that the plates will be utilized at the site being
considered when the possibility of rain exceeds 40 percent.
the design speed in kilometers per hour or miles per hour, as applicable in the
formulae above, of the street where the plates are to be installed. This number
shall not be reduced for construction zone speed reductions.
the quotient of the vertical differential divided by the horizontal distance. The
vertical and horizontal dimensions shall be measured at the locations spanning a
distance of 15 m (50') up and downstream of the position of the proposed steel
plate bridging.
the number of lanes where plates will be used. -
When the computed value of the plate score exceeds 50, steel plate bridging shall not be used
unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative
method of construction is possible in lieu of using steel plate bridging or that other overriding
considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging
shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and
other methods of trenchless construction. Unless specifically noted in the provisions of the
Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed
four (4) consecutive working days in any given week.
Add the following section:
306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the
width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety
regulations require or the Engineer determines that shoring is necessary to protect the health or
safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of
the Standard Specifications. The trench shoring shall be designed and installed to support the steel
plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be
submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings
and Submittals. The Contractor shall backfill and resurface excavations in accordance with section
306-1.5.
a Revised 07/29/02 Contract No. 3839 Page 84 of 86 Pages
Add the following section:
306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether
transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a
non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases,
the following conditions shall apply:
a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the
b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of
c) Steel plate bridging shall be installed to operate with minimum noise.
sole discretion of the Engineer, it is approved as specified hereinbefore.
the trench.
Maximum Trench Width (’)
0.3 m (10”)
0.6 m (23)
0.8 m (31”)
1 .O m (41”) - 1.6 m (63)
When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall
install using either Method (1) or (2) depending on the design speed of the portion of street where the
steel plate bridging is proposed for use.
Minimum Plate Thickness
13 mm (’/;)
19 mm (3/411)
22 mm (’/<)
25 mm (1”)
32 mm (1 $4”)
Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth
equal to the thickness of the plate and to a width and length equal to the dimensions of the plate.
The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical
movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm
(1”) and shall be filled with elastomeric sealant material which may, at the contractor‘s option,
be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of
tables 203-5.2(8) and 203-5.3(A) .
Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal
placement) shall be attached to the roadway and shall be secured against displacement by using two
adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the
underside of each plate and located within 150 mm (6”) of the beginning and end of the trench for
plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter
(12” x W) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the
pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to
each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5%
with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are
removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant
material. At the Contractor’s option, the methods required for Method 1 may be used. If the
Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the
steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during
and after their use.
a Revised 07/29/02 Contract No. 3839 Page 85 of 86 Pages
Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per
CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface
on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test
Method 342. If a different test method is used, the Contractor may utilize standard test plates with
known coefficients of friction available from the CALTRANS District 11 Materials Engineer to
correlate skid resistance results to California Test Method 342. In addition to all other required
construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an
orange background in advance of steel plate bridging.
Add the following section:
306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to:
steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and
padding, signage, placing, installation, removal, relocation, preparation and processing of shop
drawings and submittals to support the use of steel plate bridging and all other materials, labor,
supervision, overhead of any type or description will be paid for as an incidental to the work that the
bridging is installed to facilitate. No separate payment for steel plate bridging will be made.
No extension to contract time will be allowed for, or because of, the use of steel plate bridging.
306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall
provide Gasket-type joints for reinforced concrete pipe (watertight joints).
306-1.3.1 General. add the following: The Contractor shall install detectable underground utility
marking tape 230 mm x 75 mm (9” x 3”) above each or, in the case of bundled underground conduit
of the same type, the upper underground conduit being installed by the open trench method.
The type and color of detectable underground utility marking tape shall conform to the requirements
of section 207-25 et seq. -
306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following:
The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except
that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent.
306-1.5 Trench Resurfacing.
306-1 5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the
following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its
convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall
be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary
bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and
replaced with permanent resurfacing within 7 days of placement. No additional payment will be
made for temporary bituminous resurfacing materials. The price bid for the associated conduit or
structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing
of such temporary resurfacing materials.
/
306-1 3.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1 5.1,
“Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours
after the completion of backfill and densification of backfill and aggregate base materials.
306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise
noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any
type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of
the work and shall replace said pipelines and conduits with properly compacted soils. Payment for
removal and disposal of abandoned utilities shall be included in the unit prices bid for Bid Items 1
through 15, and no additional payment will be made.
-
a Revised 07/29/02 Contract No. 3839 Page 86 of 86 Pages
DOC # 2004-03509b5
APR 22s 2004 8~30 RM Recording requested by: )
I" CITY OF CARLSBAD
When recorded mail to:
City Clerk 1
OFFICIAL R€m SAN DIEM lX"TY RECORDER'S OFFICE GREGORY J. SHIM, CMJNTY RECORDER FEES: 0.00
&% 13,530
City of Carlsbad 1
1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described. The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on January
26,2004.
The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Sunnyhill Drive Drainage
Improvements, Project No. 3839.
CITY OF CARLSBAD fl & 614
GLENN PRUIM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
,2004, accepted the California, 92008. The City Council of said City on April 6th
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executedon April 7 ,2004, at Carlsbad, California.
CITY OF CARLSBAD
I Cwerk
THE OKIGIML DF THIS DOCUMENT RECORDED ON f#PR 229 2004
I"EN[ NUMBER 2004-035096t;
SEIN DIEGO COUNTY HECORDER'S OFFICE TIME: 830 #I
GREGORY J. SHITHi COUNTY REGORIER
Recording requested by: ) 1
CITY OF CARLSBAD 1 1
When recorded mail to: ) 1
City Clerk 1
City of Carlsbad )
1200 Carlsbad Village Dr. ) Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on January
26,2004.
The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Sunnyhill Drive Drainage
Improvements, Project No. 3839.
CITY OF CARLSBAD n 61-
GLENN PRUIM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
2004, accepted the California, 92008. The City Council of said City on April 6th
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 7 ,2004, at Carlsbad, California.
CITY OF CARLSBAD